PREETI CHANDRA Vs. KAUTAN KRAFT AND ORS.

JUDGEMENT

(1.) THE present petition is filed seeking to impugn the order dated 8.9.2014. The brief facts leading to the present petition are that respondent No. 1/Ms.Kautan Kraft filed a suit against respondent No. 2/M/s. Ikon Clothing INC and other entities for recovery of Rs.10,72,071/ -. The suit was decreed on 6.10.2008 in favour of respondent No. 1 for a sum of USD 18781.92 and against respondent No. 2. Respondent No. 1 filed the present Execution Petition.

(2.) PETITIONER is said to be a director of respondent No. 2/Judgment Debtor (JD). On 2.5.2013 the trial court directed the petitioner to appear in person on 10.5.2013. The petitioner thereafter filed two applications. After hearing these applications on 10.5.2013, an order was passed directing the petitioner to appear on 24.5.2013. Against the said order dated 10.5.2013 the petitioner filed CM(M)549/2013 before this Court which was disposed of on 20.5.2013. The petitioner sought permission to withdraw the said petition before this Court and stated that in terms of the impugned order passed by the trial court, the petitioner shall file an affidavit and inform the court about the legal status of the Judgment Debtor. The order directing the personal presence of the petitioner was modified by this Court.

(3.) ON 1.2.2014, the trial court after hearing detailed arguments directed that a fresh affidavit be filed disclosing (a)the number of shares of Judgment Debtor on the date of the decree (b) the assets of Judgment Debtor within India and USA including details of bank account in USA (c) details of certificate of incorporation of Judgment Debtor (d) and disclose in how many countries a similar registration of incorporation of Judgment Debtor is there.